in the Film, Television and TV and Radio Commercial Industry
WORKING HOURS OF CHILDREN
AGE HOURS OF WORK TIME BEFORE CAMERA SCHOOL
15 Days to 2 Years
Max. Day = 8 hours OT Forbidden
4 Hr. min daily guarantee or hours worked whichever is greater.
15 consecutive minutes. Minimum break 20 mins.
3-5* Years Max. Day = 8 hours OT Forbidden
4 Hr. min daily guarantee or hours worked whichever is greater.
30 consecutive minutes. Minimum break 15 mins.
6-11 Years Max. Day = 8 hours OT Forbidden
4 Hr. min daily guarantee or hours worked whichever is greater.
45 consecutive minutes. Minimum break 10 mins.
3 hours per working day when a tutor is required. 12-14 Years Max. Day = 10 hours
2 hr. OT/day included
4 Hr. min daily guarantee or hours worked whichever is greater.
60 consecutive minutes. Minimum break 10 mins.
3 hours per working day when a tutor is required. * 5 year old Children attending school will follow 6-11 year old hourly requirement.
Kindergarten is not considered school
Part E
Education Conditions for Employment of Children in the Film, Television, and Television and Radio Commercial Industry
34. Permission:
When school is in session:
Written proof of school authority endorsement on the application for an Annual Child Employment
Permit is required from teacher, principal or school board authority for Children under fifteen (15) years of age who will work when school is in session.
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2014 - 2017 British Columbia Animation Agreement
If the school withholds their signature on the form:
o The Producer or parent/guardian may request that the Employment Standards Branch intervene to mediate the matter.
o The Director of Employment Standards shall designate a person to meet with the parent, Producer and school to attempt to resolve the issue.
35. Tutor Not Required
No tutoring is required if a Child works for less than three (3) consecutive school days.
36. Tutor Required
When any Child who normally attends school is required to work three (3) or more consecutive school days, the Producer must have a Tutor from the first (1st) day of employment unless the Child can complete a regular school day at their regular school on each day of work, as per section 39. If work is scheduled for two (2) days but goes beyond two (2) days unexpectedly, the Producer will make his or her best efforts to have a Tutor on the third (3rd) day and will have a Tutor on the fourth (4th) day.
37. Qualification Standards for Tutors
The Tutor will hold a British Columbia Teachers Certificate from the British Columbia College of Teachers. However, if a Child is from another country their Tutor may be a teacher qualified from that country's jurisdiction provided that they have submitted to a Criminal Records Review Act (CRRA) search and no relevant criminal record exists.
38. Adequate Area to Teach - Classroom Facility
The Producer will be responsible for providing an adequate teaching area that is quiet, clean, heated, and adequately lighted.
The Producer will also be responsible for providing basic school supplies and appropriate furniture.
39. Adequate Time Per Day
Except as provided by the banking of hours provisions (Reference #41), daily tutoring shall occur during the work day and shall not be less than three (3) hours per work day.
It is recommended that the Child be tutored in a minimum of twenty (20) minute blocks.
When a Child cannot normally attend regular school because he/she is away from home on location and is required to work during school time, he/she shall receive at least five (5) days of tutoring in every seven (7) consecutive days except for weeks in which a statutory holiday occurs, then only four (4) days of tutoring is required.
Where a Child between the ages of 6 and 11 years attends school and works on the same day, their total hours of school and work shall not exceed the hours allowed in Section 33 for their age group. Where a Child between the ages of 12 and 14 years attends school and works on the same day, their total hours of school and work may exceed the hours allowed in Section 33 for their age group provided their work day ends no later than 10:00 p.m. (2200 hours).
Under special circumstances, a Producer, and a parent/guardian as the case may be, may apply to the Director of Employment Standards for permission to have Children work and attend school where the
APPENDIX “F”
2014 - 2017 British Columbia Animation Agreement
specific circumstances would require a variance to Section 39. Such permission must be sought in advance and will not be unreasonably withheld.
40. Number of Students Per Tutor
The Producer shall provide a ratio of not more than ten (10) Children per Tutor, except that up to twenty (20) Children may be taught per Tutor if the Children are in not more than two (2) grade levels.
If the Tutor is not qualified in both elementary and high school and the Children concerned are of both age groups, there shall be two (2) Tutors, one Tutor qualified at the elementary school level and one Tutor qualified at the high school level.
41. Banking Tutoring Time
Banking of tutoring time is to be done only when the combined work/school schedule is unusually heavy.
a. Banking is a privilege and shall be monitored. The Tutor may decide that it is in the best interest of the Child to cease banking of hours.
b. Banked time is not to exceed twelve (12) hours per month and must be used within thirty (30) days of the last banked time worked. During summer holidays, to prepare for the
commencement of regular school, the bank may exceed twelve (12) hours but may not exceed more than one (1) week of the allowable hours available in a normal work period, depending on the age of the Child. (Reference #41 (e)) All banked time must be completed by the end of the Production Shooting schedule.
c. Usage of banked time shall be paid. Banked hours may not extend the workday beyond that set out in #33.
d. To qualify as banked time, the Child must always be under the immediate supervision of the Tutor.
e. When regular school is not in session, the maximum hours that may be banked on a non- working day is five (5) hours for any Child. Non-working days are school holidays, school vacation, summer holidays and weekends.
f. When a Child attends his/her regular school on a day when he/she has not worked, he/she may be tutored separately after school for banking purposes an additional maximum two (2) hours per day.
g. A maximum of three (3) hours of banked time for elementary grades and four (4) hours for high school grades may be used in any one work day in lieu of on-set tutoring, provided they do not exceed the maximum hours of work for that Child's agegroup.
h. It is the Producer's responsibility to ensure an accurate record is kept of when tutoring time is banked and when it is used. The Producer must keep records of tutoring hours for each Child for a period of two (2) years.
i. "Homework" is not to be counted as banked tutoring time.
j. The Parent, Tutor and Producer may agree to vary the provisions of Section 41. The written agreement must be approved by the designate named in Section 34.
42. General Provisions
If the Child's regular instruction is primarily in a language other than English, the Producer will use his/her best efforts to provide instruction in that language.
The Tutor, in consultation with the Producer, shall determine the required number of hours to be devoted to instruction during a work day, but a Child must be taught at least three (3) hours per day. The maximum number of hours that may be set aside for tutoring on a work day follows:
for grades one (1) through six (6): six (6) hours,
APPENDIX “F”
2014 - 2017 British Columbia Animation Agreement Part F
Child's Coordinator
(b) Child's Coordinator:
When six (6) or more Children are engaged on a Production, one individual on each set or location will be designated by the Producer to coordinate all matters relating to the welfare and comfort of such Children. The Producer shall notify the Children's parents and the Employment Standards Branch of the name of the Child's Coordinator. On any set on which six (6) or more Children are engaged, the
individual designated as coordinator shall have as his/her sole responsibility, the welfare and comfort of the Children.
It is highly recommended that the Producer ensures that the designated Child's Coordinator has undergone the Criminal Records Review Act search and no relevant criminal record exists.
Part G
Protection of Income for Children in the Film, Television and Television and Radio Commercial Industry
44. Monies in Trust:
The Producer shall report to the Employment Standards Branch all earnings of Children in every pay period, by remitting a copy of the Child’s pay statement. Anyone required to pay re-use or residual payments owing to Children (a "Payor") shall report to the Branch all re-use or residual payments owing to Children by remitting a statement.
If the Child's income or total earnings from October 1, 1997 to date (including re-use or residual payments) exceeds five thousand dollars ($5,000.00), or upon written advice from the Employment Standards Branch, the Producer and a Payer shall deduct twenty-five percent (25%) of any subsequent gross payments of income and twenty-five percent (25%) of any re-use or residual payments and in every pay period remit it to the Public Guardian and Trustee of British Columbia in trust for that Child, or to either of the following as may be approved and directed by the Public Guardian and Trustee of British Columbia.
a. a trust for the benefit of the child,
b. an account for the benefit of the child as may be approved by a court of competent jurisdiction. A remittance shall include a copy of the pay statement of re-use or residual income.
If funds are paid to the Public Guardian and Trustee, the Public Guardian and Trustee will pay interest on the funds and shall be entitled to charge the same commission for the administration of the funds as funds held in trust under Section 6 of the Public Guardian and Trustee Act and as prescribed by Regulations to the Public Guardian and Trustee Act.
Address of the Public Guardian and Trustee:
Public Guardian and Trustee of British Columbia Suite 700 - 808 West Hastings Street
Vancouver, BC V6C 3L3 Telephone: (604) 775-3480
© 1997, BC Ministry of Labour